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Federal Courts -
Federal Circuit Court of Appeals - January 23, 2006
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Cargill, Inc. v. Zeigler Bros., 05-1589, 06-1006,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 23, 2006, Decided , January 23, 2006, Filed
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Dawson v. Office of Pers. Mgmt., 06-3070,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: 5 U.S.C.S. § 7703(b)(1) provided that notwithstanding any other provision of law, any petition for review must be filed within 60 days after the date the petitioner received notice of the MSPB's final order or decision. This filing period was statutory, mandatory, and jurisdictional. Instant petition was one day late, and was dismissed as untimely.
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Hough v. OPM, 06-3110,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, January 23, 2006, Decided , January 23, 2006, Filed
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Overview: With regard to 5 U.S.C.S. § 7703(b)(1), to be timely filed, a petition had to be received by the court within 60 days of the date of receipt of the MSPB's final order by either petitioner or her counsel, whichever was earlier. Here, the petition was received 63 days after counsel's receipt of the Board's final order. It was dismissed as untimely.
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